DRAFT RESOLUTION ON STATUS OF 1949 GENEVA CONVENTIONS AND PROTOCOLS INTRODUCED IN LEGAL COMMITTEE
Press Release
GA/L/3028
DRAFT RESOLUTION ON STATUS OF 1949 GENEVA CONVENTIONS AND PROTOCOLS INTRODUCED IN LEGAL COMMITTEE
19961121 The General Assembly would note with satisfaction that the Twenty-sixth International Conference of the Red Cross and Red Crescent, in December 1995, endorsed the Final Declaration of the International Conference for the Protection of War Victims, adopted on 1 September 1993, under the terms of a draft resolution introduced in the Sixth Committee (Legal) this morning. By the text, introduced by the representative of Sweden, the Assembly would also note that the Conference also endorsed the recommendations elaborated by the Intergovernmental Group of Experts which aim at translating the Final Declaration into concrete measures, including the recommendation that the Depositary of the Geneva Conventions of 1949 organize periodic meetings of States Parties to consider general problems in the application of international humanitarian law. The draft text was introduced as the Committee concluded its consideration of the report on the Status of the Protocols Additional to the 1949 Geneva Conventions relating to the protection of victims of armed conflict. Those Conventions updated the basic rules governing the protection of war victims. Its two 1977 Protocols are concerned with the victims of international and non-international conflicts, respectively. Addressing the Committee on the 1949 Conventions and the Protocols, a representative of the International Committee for the Red Cross said that priority must be given to ensuring that war crimes did not go unpunished and that sanctions against grave breaches of humanitarian law were incorporated into national legislation. The representative of the Republic of Korea said that, despite the end of the cold war, the world remained torn by conflicts within States, often fuelled by ethnic, racial, cultural or religious hatred. Disregard of the provisions of the Protocols by combatants would make them worth little more than scraps of paper, regardless of how many States became parties to them. Statements were also made by the representatives of Austria, China and Brazil, as well as the Observer of Switzerland. The Committee will meet again at 3 p.m. Friday, 22 November, to begin its consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives.Committee Work Programme
The Sixth Committee (Legal) met this morning to discuss the status of the Protocols Additional to the Geneva Conventions of 1949 on the protection of victims of armed conflicts. It had before it a report of the Secretary- General (document A/51/215), containing information received from Australia, Austria, Chile, Columbia, Cyprus, Italy, Luxembourg, Slovakia and Ukraine. The 1949 Conventions updated the basic rules governing the protection of war victims. Its two 1977 Protocols address victims of international and non- international conflicts, respectively.
Statements
LILLY SUCHARIPA-BEHRMANN (Austria) said the Geneva Conventions of 1949, which had found almost universal acceptance, and its additional Protocols were of fundamental importance. It was one of the great achievements of present humanitarian law that the Protocols covered conflicts of an international and non-international character. Stricter adherence to Protocol II of 1977, which covered non-international armed conflicts, would constitute major progress in the treatment of the people suffering from such events.
One of the most important achievements of Protocol I had been the creation of the International Humanitarian Fact-Finding Commission, she said. Even though its competence had been recognized by many States, no case had so far been submitted to the Commission. "States should bear in mind that the primary task of the Commission is not only that of fact-finding, but also to facilitate, through its good offices, the restoration of an attitude of respect for the Geneva Conventions and the Protocol", she emphasized. Her Government urged States to accept the competence of the Commission and to make use of it, since it was committed to the overall objectives of humanitarian law.
GAO YANPING (China) said if more States acceded to the Geneva Conventions of 1949 and the additional Protocols, it would protect the legitimate rights and interests of the victims of war. States that had not yet acceded to the Conventions should expedite their domestic constitutional procedures and become parties as early as possible. She added that the International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies had made important contributions to the protection of victims and civilians in time of war and in the promotion of world peace.
KAK SOO SHIN (Republic of Korea) said that, despite the end of the cold war, the world remained torn by conflicts taking place within States, often fuelled by ethnic, racial, cultural or religious hatred. For that reason, the role of international humanitarian law had assumed augmented significance. He urged those States not yet party to the Geneva Protocols to accede to them as
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early as possible. He was pleased to note that, within the last two years, 11 States had responded to appeals to accede to the Protocols of 1977. Their accession had increased the number of States Parties to Protocols I and II to 144 and 136, respectively. Despite those new additions, the current status of the additional Protocols fell short of what was considered universal.
"What matters in the field of international humanitarian law is that the additional Protocols of 1977 should be fully complied with by those engaged in armed conflicts in the field", he said. No matter how many States became party to the Protocols, if their provisions were disregarded by combatants, they would be little more than scraps of paper. For that reason, it was imperative to place greater priority on the dissemination and implementation of the two Protocols in peacetime. In the end, the Protocols must be used not by States, but by individual combatants in the field, he said.
JOAO CLEMENTE BAENA SOARES (Brazil) said that the General Assembly should encourage Member States to accept the competence of the International Humanitarian Fact-Finding Commission as provided in Protocol I. He said that Brazil's participation in the Commission demonstrated commitment to its mandate. Respect for international humanitarian law remained essential.
PER SALAND (Sweden) introduced the draft resolution on the Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts (document A/C.6/51/L.9).
Under the terms of the draft, the General Assembly would note with satisfaction that the Twenty-sixth International Conference of the Red Cross and Red Crescent endorsed the Final Declaration of the International Conference for the Protection of War Victims, adopted on 1 September 1993, which reaffirms the necessity of preventive measures and of making the implementation of international humanitarian law more effective.
The General Assembly would further note that the Twenty-sixth International Conference also endorsed the recommendations elaborated by the Intergovernmental Group of Experts which aim at translating the Final Declaration of the International Conference into concrete measures, including the recommendation that the Depository of the Geneva Conventions of 1949 organize periodic meetings of States Parties to the Conventions to consider general problems regarding the application of international humanitarian law.
Mr. Saland said that Sweden's draft resolution was aimed at increasing the already wide acceptance of the two additional Protocols to the 1949 Geneva Conventions. He noted that the resolution stressed the importance of the existing body of international humanitarian law and the need to make its implementation more effective.
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HEINRICH SCHELLENBERG, the Observer of Switzerland, said even though three quarters of the world supported the protection of victims of armed conflicts, many violations still occurred. Each State was supposed to respect all instruments of humanitarian law. That, however, was not always the case. For that reason, the dissemination of monitoring machinery was more than ever of great importance. Such machinery could improve the situation of humanitarian law worldwide. In addition, although the International Humanitarian Fact-Finding Commission had been recognized by many States, it still needed worldwide recognition.
BRUNO ZIMMERMAN, Observer of the International Committee of the Red Cross, said that conflict victims must receive the most effective possible protection. He said that the Geneva Conventions and their additional Protocols specified the various measures of protection to be adopted at the national level. Priority must be given to ensuring that war crimes did not go unpunished and that sanctions in the event of grave breaches of humanitarian law were incorporated into national legislation.
He said that the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects and its Protocols, one of which dealt with anti-personnel mines, and the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict should form an integral part of international humanitarian law.
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